Julian Sanchez | December 28, 2005
Jacob Sullum finds one of the president's favorite judges bristling at broad claims of executive power.
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If this episode does result in greater judicial skepticism
about assertions of executive power, perhaps we should be thankful
to the president for overplaying his hand.
The president's assertion is that executive power is unlimited. It
would have been better if the judicial (and congressional)
"skepticism" came earlier and was less equivocal.
Let's give NBC credit for running a very good "debate" segment
tonight on the main nightly news (6:30 Eastern) between Lynch of
Cato and a Judge Posner of one of the circuits, on this
subject.
It was heavily edited for brevity, but it was fair.
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